Contentious Trusts - Farrer & Co

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& expertise “Regrettably, trust disputes have become a fact of offshore life. They need to be handled sensitively, by suitable experts. Farrer & Co have the depth and range of expertise, especially in international work. They are adept at finding practical, common sense and cost effective solutions.” Royal Bank of Canada It should be borne in mind that most disputes settle, and therefore do not feature in the law reports. However, the following are just some examples of the reported cases we have been involved with in recent years: Omar v Omar [1999] All ER 560. Action by administrators of a substantial estate to locate and recover estate assets, involving action in various jurisdictions. Goodman v Goodman [2006] EWHC 1757 (Ch). Rectification of will, resulting from misunderstanding of testator’s instructions. Taylor v Midland Bank Trust Company [2002] WTLR 95. Beneficiary claiming breach of trust against trustees. Gomez v Gomez Monches-Vives [2008] EWCA Civ 1065. Article 5(6) of Judgments Regulation. Close Trustees (Switzerland) v Vildasola [2008] EWHC 1267. Directions application. Wingate v Butterfield Trust (Bermuda) Ltd [2008] WTLR 357. Disclosure to beneficiaries. Brown v Executors of Estate of Her Majesty Queen Elizabeth The Queen Mother. Frances v Al Assad [2007] EWHC. Freezing order against beneficiary of discretionary trust. Frey v Royal Bank of Scotland (Nassau) Limited [2001] 3 ITELR 775. Construction of trust governed by Bahamas law before Supreme Court of The Bahamas. Aroso v Coutts & Co [2001] EWHC Ch 443. Concerned ownership of funds in joint account following death of one of the account holders. Alhamrani v Russa Management Limited and others (Re Intertraders): Dispute over large Shari’a inheritance, transferred to Jersey trustees. Heavyweight proceeding before the Royal Court in Jersey. “Farrer & Co have helped in high value trust litigation before the Jersey courts. This involved complex Shari'a, Jersey and English elements and has resulted in some ground breaking decisions. We were impressed by Farrer & Co’s understanding of complex trust issues and their practical cost effective approach.” Senior partner, of Viberts, instructing Advocates in Alhamrani v Russa Management Limited and Others
“The same specialist skills used to resolve contentious trust disputes are increasingly in demand by professional trustees, to deal with the restructuring of complex family trusts. This is particularly the case where families have connections with multiple jurisdictions. Farrer & Co offer an impressive team that has the necessary strength in depth to analyse the multi-jurisdictional issues and to draw together their conclusions in clear, practical advice.” Richard Williams, Investec Trust “No trust company should feel immune today, as there is real danger in the trustees getting dragged into a family dispute or other matters even if they have acted impeccably! Farrer & Co have demonstrated real expertise in trust matters and related disputes, particularly with an international dimension. They are a pleasure to work with and good at finding practical and cost effective solutions.” Daniel Martineau, MD, Close Bros, Geneva “The Contentious Trusts & Estates group are able to offer both technical excellence and a direct and practical approach when advising on the law.” Aarti Puri, MENCAP
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Contentious Trusts - Farrer & Co

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